From: WillNich@aol.com
Date: Wed, 27 Jan 1999 15:48:20 EST
Subject: The Fairness Ordinance - The Letter's Version
Here's The Letter's take on the Fairness story here in Louisville. I think it
fills in a few colorful details that our local newspaper glossed over.
David Williams, Editor
The Letter - Kentucky's GLBT newspaper
**********
Fairness!
by David Williams, Editor
By a vote of 7-5 on January 26, the Louisville Board of Aldermen passed a
Fairness ordinance that protects citizens against workplace discrimination on
the basis of their sexual orientation or gender identity. Two other measures
covering housing and public accommodations were tabled for lack of support but
could be resurrected at any time over the next six months.
Mayor Dave Armstrong is expected to sign the new measure into law in early
February.
The ordinance is the first city-wide gay rights law in the state of Kentucky
and one of the few in the South. It's also one of only a handful of laws in
the country extending protections to citizens on the basis of their gender
identity.
When the proposal was introduced in early January, it had five cosponsors:
newly-elected aldermen Tina Ward-Pugh, Bill Allison, and George Unseld and
incumbents Denise Bentley and Paul Bather. Returning alderman Reginald Meeks
provided the sixth vote. But the key seventh vote needed for passage was
missing.
That vote came from an unexpected source: aldermanic president Steve Magre,
who had voted against three previous versions. What made the difference this
time, he said, were personal testimonials by several Louisvillians about their
experiences with employment discrimination.
Of particular note was a case that arose last fall when a publicly funded
Baptist agency fired a supervisor because of her sexual orientation. When she
was hired, Alicia Pedreira informed her boss of her homosexuality. He told
her it would be no problem as long as his bosses didn't hear about it. When
they did, they asked her to resign. She refused and was fired. Pedreira's
problems outraged the city and drew national attention.
On the day of the vote, supporters and opponents began gathering six hours
early at City Hall to
ensure entry into the 143-seat aldermanic chamber. A nervous mix of
evangelical Christians bussed in from the county stood side by side with
members of the GLBT community amidst a cacophonous jumble of signs. Chants by
both sides peppered the afternoon traffic as Fairness supporters gathered
across the street on the lawn of the Jefferson County courthouse. From the
bed of a pickup, singer Paul Whitely led the crowd in traditional civil rights
songs.
After conducting routine business, the aldermen began debating the bill about
6:30. Several changes were made to the original draft. The definition of
gender identity was narrowed to include only those who have completed a sex
change operation. Crossdressers would not be protected, and provisions were
made for dress codes and gender-specific restroom and shower facilities.
Religious institutions contracting for services with the city were exempted.
Tina Ward-Pugh was first to speak. Noting that her faith had been called into
question, she quoted scripture to support her feeling that "for me to be
silent would be wrong."
Fierce opposition came swiftly from second ward alderman Barbara Gregg, who
blasted the process by which the bill had been managed and attempted to have
it reassigned to committee: a move that would have effectively killed it. Her
motion failed 7-5.
Newly-elected seventh ward alderman George Melton then attempted to do the
same, arguing that the measure was unconstitutional. Citing KRS 344, he
charged that "This is a new category expanded beyond the intent of state
legislation." Bather countered that Louisville's 1991 hate crimes law, which
he'd carved out, had been challenged on the same grounds but upheld. Melton's
motion failed 7-5. Bather then called the question and a roll call vote
ensued.
"I'm totally disgusted with the manner in which it proceeded," Gregg fumed
during a lengthy speech interrupted several times by admirers in the audience.
"Behind closed doors, with no allowance for public hearings....This is an
insult to the legislative process." She charged-- erroneously--that the bill
would "compel schools to hire homosexuals," a statement that was met with
cries of "Protect our children" from the audience.
Alderman Allison then began speaking but was interrupted by the same members.
Magre, who chaired the meeting, gaveled them down and threatened to adjourn
for two hours unless they remained quiet. In an expansive speech, Allison
continued. "Our city will be a better place" if the ordinance is passed, he
noted. Just as democracy was strengthened by women's suffrage and the
abolition of slavery, so will it be by such measures as Fairness, he said.
Magre then delivered a short, dignified speech explaining his yes vote. "This
evening is about looking forward," he noted. "This bill deserves a chance to
work...I'm proud to support this ordinance." Shortly before the vote, as the
sounds of protests rose from the street, several preachers attempted a last
ditch effort to convince him to change his mind, but legislative aide Bruce
Ewing, whose brother, Willis, is a Fairness volunteer, said Magre was unmoved.
Alderman Handy, whose ward includes the heaviest concentration of gays and
lesbians in the state, voted no, adding bitterly, "I'm really saddened by this
occasion." An equally angered alderman Bentley chided the religious right.
"We cannot continue to function in a city that has selective morality," she
said. The real reason for their opposition was that their "ability to
discriminate against people in this community has now been threatened," she
charged.
White evangelical Christians were in the forefront of efforts to keep schools
and neighborhoods racially segregated in Louisville in the 50s, 60s, and 70s.
After noting he'd experienced discrimination all his life, alderman Unseld
dramatically pulled his enormous frame up from his desk and thundered, "Mr.
Chairman, I rise to vote yes." Aldermen Meeks felt that the measure would
finally make Louisville a world class city, while alderman Bather, noting the
presence of three former pro-Fairness aldermen--Rhonda Richardson, Melissa
Mershon, and Dr. Tom Owen--told the chamber quietly, "I'm casting my vote for
them."
When word of victory hit the crowd of 400 Fairness supporters outside, it
broke into raucous cheering and a brief rally ensued. Later at the Connection
Theatre, a boisterous celebration took place. As Carla Wallace and Andy Perry
called volunteers and veterans of the movement up to the stage, it became
quickly clear just how well organized and deep the Fairness Campaign had
become. For a time it seemed that half the crowd was standing on stage
looking at the other half.
"For over ten years, this community has struggled to achieve justice for our
gay, lesbian, transgendered, and bisexual members," Dan Farrell, co-
coordinator of the Fairness Campaign, said later. "Tonight, the Board of
Alderman, with the progressive leadership of the seven aldermen, has taken a
major step toward fulfilling the will of the people and creating a community
where all people are valued, included and protected."
As the Fairness Campaign's most visible leader throughout the decade, Carla
Wallace was in awe. "It's clear that our work...over this past decade and a
half has built up to not only a legislative victory, but the actual
transformation of an entire community," she said.
Despite the new law's constricted definition of gender identity, local
transgender activist Angela Bridgman was pleased. "I have lived in five metro
areas bigger and more cosmopolitan than Louisville: Chicago, Orlando, Austin,
New York, and Philadelphia," she said. "None of those cities have gender
identity anywhere in their civil rights bills. So, on that level, I am amazed
that Louisville does."
Dawn Wilson, another transgender activist, was more philosophical. "We need
to be gracious to those who went down to defeat," she felt," because they are
not going to go away any time soon and we need to be ever vigilant and mindful
of that."
Activists are now preparing to take their efforts to Jefferson County Fiscal
Court, which is expected to consider a Fairness measure sometime later this
year.
END